I swerved to miss a deer in the road, wrecked my car, and now my insurance company is saying that I'm considered at fault. Why is that?

The deer probably had a family somewhere and I love animals so I swerved to save the deer and wrecked in the ditch. I wasn't hurt or anything but my company is calling it an accident even though there was a deer in the road. How is this my fault?

Apr 10, 2016 Newton, KS

Neil Richardson

Apr 10, 2016

Hitting an animal in the road falls under the category of a comprehensive insurance claim because animals do not follow road laws and can't be expected to avoid cars or roadways. It's the same general principle as hail damage. The incident changes to an at fault accident when you swerve to avoid the animal because the maneuver you chose to make caused the accident. Generally speaking, the resulting damage from hitting a deer is far less than the potential damage of driving off the roadway at a high rate of speed and having an accident.

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